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VIETNAM 2026-5
Ho Chi Minh City High-Level People’s Court, 24 August 2023
(S C v. R Joint Stock Company)
VIETNAM 2026-5
On appeal, the Court set aside the first-instance decision that had denied enforcement of a SIAC award, dismissing the award debtor’s objections. The Court held that the tribunal had acted within the scope of the parties’ agreement, and that the award debtor’s disagreements in respect of evidence evaluation, contractual interpretation, or application of law concerned the merits of the case, which the Vietnamese courts cannot re-adjudicate when reviewing foreign arbitral awards for enforcement.
The court discusses the determination and relevance of the place where the award was made (in a foreign State or another contracting State.
The court discusses the principle that the procedure for the enforcement of awards under the Convention is governed by the lex fori, as well as procedural issues (such as the competent enforcement court) not falling under the specific cases of ¶¶ 302-307.
The court discusses the applicable period of limitation for seeking enforcement of an award.
The court discusses the overall scheme and/or pro-enforcement bias of the Convention.
The court discusses the principle that the merits of the award may not be reviewed and that the court may only carry out a limited review of the award to ascertain grounds for refusal.